The move by the minister to clarify the situation was welcomed by campaigners who have protested against fixed penalty notices (FPNs) being issued to parents taking their children out of school for holidays.

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The approach taken by some councils 'may not comply with the law'

The letter from Mr Lewis to all directors of education in Wales states that regulations from 2010 gives head teachers a discretionary power to authorise leave for a family holiday during term time where parents seek permission.

“Save in exceptional circumstances, no more than 10 days leave should be granted for this purpose,” he said.

“I am concerned that some local authority or consortia guidance indicates that head teachers should not exercise their discretion and should instead refuse all requests for term time absence as a matter of course regardless of the particular circumstances leading to such a request,” wrote Mr Lewis.

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He said recent media reports making a link between term time requests and the automatic issuing of fixed penalty notices “does not reflect the spirit of the Penalty Notices Regulations nor the policy intent; FPNs are intended as a possible tool in helping to tackle regular non attendance.”

“I am aware of a number of local authority websites where the approach taken may not currently comply with the law for the reasons outlined and equally where the information around the arrangements is not easily identifiable.

"Local authorities imposing ‘blanket bans’ or ‘zero tolerance’, misuse of ‘exceptional’ circumstances and FPN Codes of Conduct not available on websites are just a few examples of issues that have brought to my attention.

“This is not acceptable and I should be grateful if you could give this matter your urgent attention.”

He added: “I shall also be writing to head teachers in the New Year to make my position clear.”

William Powell - 'This represents genuine progress'

William Powell , Liberal Democrat AM for Mid and West Wales and chairman of the Welsh Assembly’s Petitions Committee said: “In my view, Huw Lewis’ letter represents genuine progress for the term time holiday campaigners.

“For too long now, certain Local Authorities in Wales have been engaging in a cynical game of ‘pass the parcel’ on this issue.

“It is clear that the Minister’s intention, contrary to what applies in England, is for the discretion of individual head teachers to be respected. Indiscriminate use of FPNs is dubious in terms of legality, as well as being highly detrimental to the crucial home – school relationship.

“The Minister’s response to the petitioners, in the light of compelling evidence received, is, in my view, a victory for common sense. However, the central question now is how responsive LEas and consortia are going to be, in the face of ministerial direction.”